FAULTY FOUNDATIONS: A SOCIO-LEGAL CRITIQUE OF THE REGULATION OF FORENSIC SCIENCE LABORATORIES IN INDIA

Abstract

The forensic science discipline in India is in a state of crisis. With the rapid advancement of science and interdisciplinary technology, investigations today demand complex evidence collection processes and crime scene analyses to arrive at scientifically precise and unbiased conclusions. At present, the low utilisation of forensic evidence in the Indian criminal justice system is well known. Further, most policy reforms put forth over the past several decades have centred around the enactment of formalistic legislation and policies to remedy structural inadequacies in the field. This paper focusses on the existing regulatory concerns facing Indian forensic science laboratories. Upon comparison of the Indian framework with systems in place in foreign jurisdictions, a severe defect comes to light: there is a significant dearth of empirical research and scholarship on the internal functioning of forensic science laboratories and the different kinds of scientific methodologies they employ. Ultimately this paper argues that the regulatory measures suggested to govern laboratories thus far, albeit relevant, have not been comprehensively evaluated from time to time. This has resulted in an incorrect contextualisation of the many challenges faced by our justice delivery mechanisms from the pre-trial to the sentencing stage and the increasing reliance on unreliable and flawed forensic evidence by judicial decision-makers.